As agências reguladoras e o direito do consumidor: limites e desafios da necessidade de atuação estatal no âmbito das relações de consumo

• Ano de defesa: 2017
• Autor(a) principal: Severino, Mariana Rocha Sousa
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Brasil; UFRN; PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO
• Palavras-chave em Português: Agências reguladoras; Ordem econômica; Estado regulador; Vulnerabilidade; Direito do consumidor; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufrn.br/jspui/handle/123456789/24454

The present research aims to analyze the Regulatory Agencies within the framework of the Brazilian Regulatory State model, through the study of this new state structure's development, in the midst of the need to establish a new Economic Order. With the rise of the Regulatory State, the State takes on the role of intervener in the economy, revalorizing market forces, stimulating free initiative and free competition, supervising, planning, regulating and sanctioning economic agents, with the possibility of acting in the economic domain, assuming an agent role in the economy, guaranteeing the minimum subsistence conditions to the population. Amidst of the regulatory context, the State creates Regulatory Agencies,as autarchies with enhanced autonomy, aiming to carry out regulatory activities in the specific sectors to which they were destined. Thus, the general objective of this study is the regulatory agencies in the context of the Brazilian state model, the specific objectives are the analysis of the functions attributed to these entities, the impact of their actions in a broad context and in the specific sectors that are linked, the lack of need to limit its autonomy, to observe the interrelationship of the issue with consumer law, to analyze the possibility of creating the National Consumer Agency (ANC), to consider the limits and challenges of state action in the context of consumer relations, hampered by the expansion of e-commerce and the new profile of consumption.In order to carry out this study, the methodology used will be the inductive method, through indirect research, with the accomplishment of a bibliographical review of the doctrine and constitutional and infraconstitutional legislation, through the historical and comparative procedure. Since the understanding of the interrelationship with consumer law, it will be observed the possibility of applying Law No. 8.078/1990 (Consumer's Protection Code), seeking to generate greater security, protection, quality and efficiency of the provision of public services, either by the government or by the concessionaires and permission holders. When examining the institution of ANC as an alternative to balance the relationships between users and services providers, it was concluded that this is not the most viable way to deal with this necessity, being suggested as an alternative a greater inspection and sanctioning rigor by the existing agencies on the involved sectors, in conjunction with Bill No. 52/2013, which involves the creation of the General Law on Regulatory Agencies and Bill No. 281/2012, which introduces to the Consumer's Protection Code the protection in the scope of electronic commerce, which, finalized the procedures, will become safer, more prudent and effective alternatives to generate greater protection in the relations dealt here.